| Guidelines
for Advocacy
Section IV - Areas of Advocacy
One
who seeks justice for women as a Family Advocate may
petition for: |
- the formation of “healing
for life” centres for those struggling for liberty from addictions wherein
the treatment may involve all members of the families directly affected
- free
legal services to assist mothers to regain custody where children
have been apprehended by any governmental agency
- safe and fully resourced
community housing to be established to house women as an alternative
to imprisonment
- all imprisoned mothers
with pre-school children to be granted three-hour, daily visiting rights
in an area separate from other visiting
areas. This special area should include facilities for play, indoors
and outdoors, changing
and feeding and rest areas and be open only to the child, the
person
accompanying the child and the mother.
- funding to be awarded
to community groups who can provide qualified volunteers to accompany
and transport children for these special visits
- a Special Family Advocate
be appointed from CAEFS to assist all women in prison with any difficulties
she encounters in any of her
parenting and/or relationship efforts
- mothers in prison to
be encouraged and assisted in their efforts to provide gifts to their
children, to have
photographs taken, and
to participate in their children’s school activities wherever possible.
- parenting
skills and child care courses to be provided to all women who seek
better understanding in this demanding arena and/or who may also seek
careers
in this field
- the rights of
open communication and correspondence of women in prison with families
and friends and the immediate order to desist
from the practice
of censorship in all forms
The basis for the jurisdictional
separation of imprisonment as the punishment for criminal acts is found
in the British
North America Act. The standard is that if sentenced to imprisonment
of two years or more the ruling jurisdiction is federal and the person
is imprisoned
in a federal penitentiary. If the sentence is less than two years,
then provincial jurisdiction and imprisonment is ruled. Due to the small
numbers
of women imprisoned versus men, “economies of scale” cannot be accomplished
which rationalizes the extremely poor and harsh conditions that women
in Canadian reformatories, jails, prisons and penitentiaries exist under.
Additionally,
provincially sentenced women can be transferred to a federal penitentiary
at the request of provincial authorities. It is a fact that these
transfers are usually enforced upon Aboriginal women. It is now also
not uncommon
for woman deemed to have mental health needs to be segregated in
a men’s
prison. All of these transfers are carried out with no regard to
the hardships imposed with regard to any possible family contact.
One who
advocates for
all women in the area of Canadian criminal justice may seek |
- to
raise the standards of provincially-sentenced women to those governing
federally-sentenced women in the federal system where ever and
when ever this results in better conditions for women in prison
- to
further the understanding that it is the organization of the prison
which is the main factor explaining behaviour which accounts
for the majority
of the violence in prisons and not the violent
nature of imprisoned women.
(“…harsh institutional practices, which induced defiant responses
on the part of inmates, which in turn shaped the form of
overt behaviour resulting
in more punishment.” (cited in Mandaraka-Sheppard 1986).5
“…concentration
on control is likely to stimulate disruption…” and “…punitive
responses and isolation may increase the incidence of self-destructive
behaviour.”)6
- to accept and honour
the well-documented fact that since the majority of women in prison
are not violent,
women do not require
the
stringent security
measures now imposed upon them, security measures which
contribute to violence and unsafe conditions; therefore
to immediately
remove this form of unwarranted
intrusion into the living conditions of incarcerated
women in all penitentiaries including BCCW and other provincial
prisons.
- to promote the ideal
of peaceful mediation, to desist immediately from the practice of using
force to confront situations
where the “peace
and order of the institutions” may be temporarily challenged,
in favour of utilizing prisoner committees, native sisterhood
groups,
and
on-call advocacy
groups
One
who seeks justice for women in the area of the elimination
of dehumanizing conditions of imprisonment might advocate towards |
- closing all “enhanced
security units” and the immediate
ceasing of plans and expenditures for any future segregation
units with the recognition
that when such perceived segregation from other prisoners is proven necessary,
that
personal
cell lock-up be substituted
Until all
segregation for women can be eliminated seek justice for women held
in any form of
segregation in any
lock-up, reformatory, jail, prison
or penitentiary by advocating for:
- the entitlement
of her possessions and needs
- the right to daily
contact with legal advisors, Elders, Community Board members, Prisoners’ Committee
member(s), Native Sisterhood members, counselors, and health care
workers along with the right for daily personal
telephone calls
- the notification
to the appropriate Community Board on a daily basis of all woman
so isolated
- the attendance
at any hearing to maintain the segregated status of the prisoner
by legal and community advisors as requested
by the prisoner
One
who seeks justice for women in the area of Community Support may advocate
for |
- a National
Community Board (NCB) whose primary functions will be interventional
and auditorial in nature to be established
with representation
in each region where women are imprisoned; the NCB to
have unlimited access
to all areas
of every prison
- the members of
the NCB be nominated from the justice, feminist and spiritually based
organizations, be they
Christian or otherwise whose
advocacy for women in prison have already been positively demonstrated;
the
NCB to
include women
who have experienced and/or are experiencing prison.
- the
enabling for the NCB to conduct and negotiate conciliatory discussions
between members of the prison population, the prison
administrators and security personnel prior to the authorization
of the
use
of any violent
means by correctional
authorities and in particular where prison administrators
might consider the use of mace, weapons and/or involuntary
searches of any kind
- overseeing the
regular audit of funds expended and funds incoming in all prisoner
areas, not limited to the Inmate’s Welfare Fund,
programs and “cottage
industry” income and expenditures, and hobby craft
sales
- the mandate for
the NCB to report on a quarterly basis to and meet on an annual basis
with a Parliamentary
Committee
- a steering committee
to be formed in this regard.
One who
seeks justice for women in the area of assisting women towards their
earliest
possible release may advocate to enable one or all
of the following principles to ensure: |
- that all federally
sentenced women are heard by the National Parole Board in their
region with regard to all matters concerning release
and applicable conditions.
- that a representative
from a prisoner-chosen advocacy group such as the National Association
of Women and the Law, one whose primary source
of funding is not the Solicitor General or provincial
Attorney General’s
departments, be funded through the Ministry of Women’s
Equality to assist all women with parole matters.(Only
in this way
can women in prison will
be assured
of a
gender-informed, racially-unbiased
process)
- that funding be
available for community volunteers to escort women on passes
- that
funding be available to insure that no woman is forced to return
to the prison when eligible for day parole or cannot
be released on her earliest date due to the
lack of halfway
house beds
as is the
situation
in B.C.
(By liaisoning with every available alternative
such as approved community placements
and enlisting
the support of other societies such as the
BC/Yukon Society of Transition Houses, who have already
agreed that many
of the women
leaving prison
could be integrated
into their facilities, this problem might be relieved.)
All
of the areas of advocacy and items suggested as items
to advocate for are only some of the areas of need
and serve as examples. This
paper by no means encompasses the totality of efforts
that might contribute
to the
betterment
of the status of these women.
However, should the
advocate succeed in any of the areas of advocacy, s/he will most definitely
become one of the most valuable assets
some of these women would have, for true advocacy
is
a step towards
the
greater
community
of
sisterhood, one term that could be used to describe
an existence in a state of equality
and
liberty.
5 Mandaraka-Sheppard,
A.1986. The Dynamics of Aggression in Women’s Prisons in England and Wales.
London: Gower.
6 Shaw, Margaret. 1991. The Federal Female Offender. Report
on a Preliminary Study. No.1991-3:82-3. Ottawa: Solicitor General of Canada.
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